Opinion
February 20, 1996
Appeal from the Supreme Court, New York County (Salvador Collazo, J.).
Determination of the credibility of witnesses, as well as the weight to be accorded to the evidence, are primarily questions to be determined by the trier of fact and should not be disturbed when supported by a fair interpretation of the evidence ( Matter of Kaplan v. Werlin, 215 A.D.2d 387). The record supports the trial court's determination that plaintiff earned fees in connection with its five year representation of defendant, based on the unambiguous, fair and reasonable retainer agreement which was fully understood by the client ( Shaw v. Manufacturers Hanover Trust Co., 68 N.Y.2d 172, 176) and on the subsequent memoranda incorporating the parties' oral agreements. Plaintiff further demonstrated its entitlement to the quantum meruit award, as granted by the trial court, for other services not covered by the parties' express agreements ( see, Bradkin v. Leverton, 26 N.Y.2d 192).
Plaintiff is also entitled to pre-judgment interest (CPLR 5001; Kleartone Transparent Prods. Co. v. Dun Bradstreet, 118 A.D.2d 832).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.